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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
Case No. ADJ6955681
Regular
Jul 22, 2014

PAUL WEAVER vs. CITY OF STOCKTON, Permissibly Self-Insured, Administered by CORVEL

In this Workers' Compensation Appeals Board case, the applicant, a former firefighter, sought benefits for leukemia, claiming it was industrially caused. The defendant argued the applicant was not entitled to the presumption under Labor Code section 3212.1 due to the timing of the cancer's manifestation and the statute's amendment. The Board affirmed the original award, finding that one medical evaluator's opinion provided substantial evidence that the applicant's leukemia manifested within the original 60-month window following his service termination. Therefore, the Board did not need to decide the retroactivity of the later 120-month amendment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryCumulative TraumaLeukemiaPermanent Partial DisabilityPresumptionLabor Code Section 3212.1Firefighter
References
Case No. ADJ3613146 (VNO 0532199)
Regular
May 28, 2019

MIGUEL VALDIVIA (Deceased), MARIA VALDIVIA (Widow) vs. CONDOR PACIFIC INDUSTRIES, SAFECO INSURANCE, LIBERTY MUTUAL INSURANCE

This case involves a widow's petition for reconsideration of a workers' compensation judge's decision denying her deceased husband's claim for industrial injury leading to leukemia and myelodysplasia. The judge initially found no industrial injury and also lacked jurisdiction due to an unfiled dependency claim. However, the judge now recommends further review, particularly regarding a qualified medical evaluator's opinion. The Appeals Board granted reconsideration, upholding the jurisdictional finding but deferring all other issues for further development of the medical record and reanalysis at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryLeukemiaMyelodysplasiaDependency ClaimJurisdictionDeath BenefitsQualified Medical Evaluator
References
Case No. ADJ8804613
Regular
Jun 03, 2016

KIM LARSEN vs. UKIAH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award for acute myeloid leukemia. The Board found the applicant's exposure to diesel exhaust while employed by the school district was an injurious exposure contributing to the cancer. The Board ruled that the agreed medical evaluator's reports were admissible and constituted substantial medical evidence of the link between diesel exhaust and leukemia. Therefore, the school district was held liable as the last employer where the applicant was exposed to the hazard.

acute myeloid leukemiadiesel exhaust exposurecumulative traumalast injurious exposureagreed medical evaluatorlabor code section 5500.5reasonably probable causationsubstantial medical evidencebenzene exposurefirefighter
References
Case No. ADJ8063847, ADJ6671846
Regular
Aug 11, 2017

JUAN IBARRA vs. ABM JANITORIAL SERVICES, ESIS

The defendant, ABM Janitorial Services, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding cumulative trauma injury resulting in chronic myelogenous leukemia. While the petition was pending, the parties reached a proposed settlement agreement. Consequently, the WCAB granted the petition for reconsideration, rescinded the original decision, and returned the case to the trial level. The WCJ will now consider the proposed settlement, and if not approved, the original decision may be reinstated.

Petition for ReconsiderationJoint Findings and AwardCumulative Trauma InjuryChronic Myelogenous LeukemiaCompromise and ReleaseWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJRescindedReturned to Trial Level
References
Case No. ADJ8464782
Regular
Oct 23, 2017

JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained an industrial injury of chronic myelogenous leukemia (CML). The defendant argued the judge erred by not considering an internist's opinion on CML latency and by not allowing further expert development. However, the Board found these arguments premature, as the specific issue of the date of injury or liability period, which would implicate the defendant's coverage dates, had not yet been decided. Therefore, the defendant was not aggrieved by the judge's initial ruling on the existence of industrial injury.

Chronic myelogenous leukemiaIndustrial injuryPetition for reconsiderationQualified medical evaluatorOncologyLatency periodLabor Code section 5412Labor Code section 5500.5Coverage periodAdministrative law judge
References
Case No. ADJ7050870
Regular
Apr 04, 2018

Kevin Couch vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff diagnosed with chronic lymphocytic leukemia (CLL) who sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found the applicant's CLL to be industrially caused. The WCAB determined that the applicant was entitled to the presumption of compensability under Labor Code section 3212.1 due to his documented exposure to benzene, a known carcinogen in gasoline and diesel exhaust. The Board concluded that the defendant failed to rebut this presumption, despite evidence suggesting an alternative cause, because they did not demonstrate by substantial evidence that the carcinogen was not reasonably linked to the applicant's condition. Therefore, the WCAB rescinded the prior decision and issued a new finding of injury.

Labor Code section 3212.1presumption of compensabilitychronic lymphocytic leukemiadeputy sheriffbenzenegasoline exhaustdiesel exhaustcarcinogen exposurelatency periodAgreed Medical Examiner
References
Case No. ADJ8946884, ADJ2282087 (VNO 0513880)
Regular
Jan 09, 2017

Frank Galvan vs. STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior award, amending only the dates of applicant's employment with the Department of Justice. The Board found that applicant sustained a single cumulative trauma injury, not three separate ones, and that a prior award was incorporated into the current 100% permanent disability award. Applicant's earnings were correctly determined to be at the maximum rate, as stipulated by the parties. The Board affirmed the prior decision in all other respects.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardCumulative TraumaCardiovascular SystemRespiratory SystemSpineLeukemiaPermanent DisabilityDuplicative Injury
References
Case No. ADJ9400578
Regular
Sep 13, 2017

GERRIT VELD vs. CLIPPINGER CHEVROLET, GOLDEN EAGLE INSURANCE, INC., SAFECO INSURANCE

Defendant sought removal of this workers' compensation case, alleging the WCJ's statements showed bias against them and would cause prejudice. The Appeals Board denied the petition, agreeing with the WCJ that the statements were preliminary remarks based on submitted evidence. The Board emphasized that removal is an extraordinary remedy requiring proof of significant prejudice or irreparable harm, which the defendant failed to establish. Defendant also did not follow proper disqualification procedures.

Petition for RemovalWCJ biasirreparable harmpreliminary remarksformal disqualificationsignificant prejudiceWorkers' Compensation Appeals Boardindustrial injuryleukemiamechanic
References
Case No. ADJ1150041 (FRE 0244995)
Regular
Apr 23, 2012

JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

The Applicant seeks reconsideration of the denial of her deceased husband's workers' compensation claim, arguing that the medical evidence is insufficient and biased. The Appeals Board dismissed her petition, finding it to be a successive petition challenging a prior denial, which is not permitted. Furthermore, her petition for removal to disqualify the judge was dismissed for failing to meet procedural requirements. The Board upheld the original finding that the cancer and death did not arise out of employment, relying on the well-reasoned medical opinion of Dr. O'Neill.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSuccessive petitionsWrit of reviewCourt of AppealsDisqualification of WCJRule 10452Cancer and deathWelding
References
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